, 1887-05-05
The Fishery Question Before
the Canadian Parliament.
The Views OF the Governments
on the Rights Of Fishermen.
A Very VOluminOus Document
to he Considered.


ister of fisheries brought down the
fisheries correspondence this after
noon. 1t is very bulky volume,
covering period from 1884 down to
very recent date. Much of the cor
respondence has already been pub
lished, and it is only the later dis
patches which are of public interest
ut this time. The following are re-
cent negotiations for the settlement OF
existing difficulties 1t appears that
on December Sd, last, Mr.. Phelps,
United States minister ut London,
transmitted to the imperial govern
ment copy OF an outline
for proposed adinterim arrangement
between the two governments on this
subject, which had been prepared by
Secretary Bayard. After reciting the
differences which had arisen in re-
gard to the interpre tation of the treaty
OF 1918, Secretary Bayard proposes IL
mixed commission for the following
purposes:
First, to agree upon and establish
by IL series of lines the limits which
shall separate exclusion from common
right of fishing on the coast and in
the adjacent waters of the British
North American colonies in conform
ity with the first article of the conven-
ton of 1918, except that bays and
harbors from which American fisher
men are in the future to be excluded
save for the purposes which entrance
into bays aed harbors is per-
mitted by said article, are hereby
agreed to be taken to be such
bays and harbors as are ten or less
miles in width and distance Of three
marine miles from such bays and har-
bors shall be measured from II straight
line drawn across the bay or harbor in
part nearest the entrance at the first
point where the width does not exceed
ten miles, said lines to be regularly
numbered, duly described and also
clearly marked on charts prepared in
duplicates for the purpose.
Second-To agree upon and establish
such regulations as may be necessary
And proper to secure to fishermen of
~ United States the privilege of en-
tering bays and harbors for the pur-
pose of shelter and of repairing dam
ages therein, purchasing wood and OBJ
tanning water and to establish restric-
tons to prevent the abuse OF privileges
reserved by said convention to
fishermen OF the United States. To
agree upon and recommend penalties
10 be adjudged, and such proceedings
and Jurisdiction as may be necessary
to secure speedy trial and judgement
for violations OF the rights and trans
gressors of limits and restrictions
which may be adopted. Pending
definite arrangements there was to be
an abstention from seizing United
States fishing vessels unless found
within three marine miles of the
Canadian coast.
Mr.. Bayard further proposed that
each country should send neutral
vessel to the gulf and to the south
coast of Nova Scotia to superintcnd
fishing operations and hear and ex-
anime into any causes of dispute
which might arise. II is also suggested
f9kat fishing vessels Of the United
Yates are to have in Canadian ports
the same privileges as other vessels of
the United States, including the pur-
chase of bait and other supplies, and
that the government OF Great Britain
Is TO release all United States fishing
vessels now under seizure for failing to
report Mt custom houses, and to refund
all fines extracted for such failure.
a copy of this dispatch was duly
of December 28th Lord Ladsdowne
forwarded the reply of the Canadian
government with regard TO the first
article in Bayard's proposal. 1t says
this reservation involves the surren-
der Of exclusive right of fishing in
bays which have hitherto been re-
gar,led as beyond all question within
the territory waters of Canada, such
for instance as the right of fishing in
the inner waters Of Boie Des Chaleurs
at points forty or fifty miles from
its mouth, which, roughly speaking
cannot be less than twenty miles wide
at its opening. Article 9 of the mem
oN(Rdum prc-iudges in favor of the
J u$JYcd States on one of the most inn
portant points which have be0n in dis
pute, by deciding adversely to the
Canadian construction which is to be
placed upon the imperial and Cana
dian statutes, II proper Interpretation
OF which is ut this moment subject
OF litigation before the Canadian
courts. Article - was objected to, as
likely to lead to frustrating the ends
of justice. Article 4 pre-judges in
favor of the United States on an i'm.
portant question which has arisen as
to commercial privileges to which
United States fishing vessels
are entitled while in Cana
dian waters. The history ol
negotiations which preceded the
convention OF 1918, makes it perfect,
clear that the purchase of bait wa,
not one Of the purposes from which il
was intended that the United State,
tish7nk vessels should have the right o
Cd - Canadian waters. It is pro
posed by Mr.. Bsysrd, in the articl,